Commentators have described inevitable disclosure as the following: There are circumstances in which trade secrets inevitably will be used or disclosed, even if the defendant swears that he or she will keep the information confidential. Courts applying the doctrine have […]
California lawyer Scott Pearce provides an analysis of Edwards v. Arthur Anderson, a 2008 California Supreme Court Case addressing non-compete agreements.
The departure of a doctor from a medical practice group is not always amicable. In some situations, the medical records of a departing doctor’s patients may be held hostage. The Texas Occupations Code and Texas Medical Board Rules (located in […]
An injunction hearing in Texas state court is similar to a bench trial. Depending on the Court’s preferences, both parties may offer opening and closing remarks. The party with the burden of proof on the injunction, in this case Company […]
Picking up on the Company A/Jordan James dispute, Company A successfully obtained a temporary restraining order against James. The Court ordered James not to engage in any placement work and return all Company A documents in her possession. Furthermore, the […]
Apple hired 26-year IBM veteran Mark Papermaster to run its hardware engineering team. IBM sued to enforce its two-year non-compete with Papermaster and obtained an injunction preventing him from going to work with Apple. The judge ordered that IBM post […]
Picking up on last week’s entry, Company A has decided it will file a lawsuit against Jordan James in Dallas district court and seek a temporary restraining order (“TRO”). A TRO typically precedes a temporary injunction, but the grounds for […]
The ScenarioAssume the following: Jordan James, a successful legal recruiter employed at Company A has left to start her own placement firm. James signed a non-compete and non-solicitation with Company A and it is believed that James took her Microsoft […]
Merrill Lynch and Bank of America appear to have resolved the non-compete issues discussed in my last entry: To: All Merrill Lynch and BAI financial advisors On October 24, Bank of America and Merrill Lynch announced transition programs for retaining […]
After Bank of America (“BofA“) purchased Merrill Lynch it put on the full-court press to keep one of Merrill’s most important assets, its brokers. What has resulted is “The Advisor Transition Program (“ATP”)”, which provides financial incentives for brokers who […]
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